Remaining politically neutral during General Election 2024


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ESA tribunal coming up

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Dulsongreen
Dulsongreen Community member Posts: 3 Listener
Hi my name is Julie, 13 months I failed my ESA assessment, and appealed and only now has my tribunal come to court later this month. Unfortunately where I live I had to go on universal credit, and again had to go through the same thing recently failing another assessment, even with another medical condition. Y question is if I won my tribunal what would happen because they said I couldn't go back on ESA after being on u.c. Is it worth going to the appeal at all!

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  • poppy123456
    poppy123456 Community member Posts: 56,998 Disability Gamechanger
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    Hi,

    This is complicated because the ESA decision came before the new work capability assessment, which also found you fit for work. The Tribunal decision won't overrule the new work capability assessment unfortunately.

    When you were found fit for work for ESA how long after that did you claim UC?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Dotty123
    Dotty123 Community member Posts: 492 Pioneering
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    I’m sure if you go on iv it stops you going back on esa May be wrong but sure that’s the ruling iv gone 3mths with no money finally got accepted for tribunal Neva went on uc got esa backdated till tribunal good luck 
  • poppy123456
    poppy123456 Community member Posts: 56,998 Disability Gamechanger
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    @Dulsongreen Forgot to add also that you won't be able to go back onto ESA because you've claim UC.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Chloe_Scope
    Chloe_Scope Posts: 10,581 Disability Gamechanger
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    Hi @Dulsongreen and a warm welcome to the community. I hope you get the answers you are looking for :) If you need support with anything else then please do not hesitate to be in touch :)
    Scope

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